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 Court of Quebec - Small Claims Division How to prepare  
The text in this section is informative in nature and does not claim to explain everything regarding Small Claims Court. This information does not constitute legal advice. In addition, Éducaloi would like to remind you that the clerk of the Small Claims Court has an obligation to help you prepare your proceedings, whether by helping you to write them up or by giving you explanations about the judicial process and how to manage evidence. The clerk, however, cannot give you legal advice of any nature.
Navigating this section This toolbox, as its name suggests, contains tools created to give even more information to people involved in a case before the Small Claims Division. It was conceived with both the plaintiff (the person who initiates the claim) and the defendant (the person against whom the claim is filed) in mind. Witnesses and members of the general public may also find useful legal information here. To better understand the content of this toolbox, it is strongly recommended that you read the introductory section for the Small Claims Division “Step-by-step guide to procedure.” 
When a debtor willingly refuses or neglects to pay the money that he owes, the creditor can turn to the legal system for justice to be served. Before taking legal action, however, the creditor must, as a preliminary condition, put the debtor in default. This means that the creditor must notify the debtor of his intention to claim what he is owed.
Ideally, a demand letter is sent by registered mail or by another method that allows the creditor to prove that the debtor received it. The demand letter and the proof of its reception are then put into the court file to be used as evidence. It is important for the creditor to write her contact information on the demand letter so that the debtor can reach her, particularly to come to an agreement or to discuss payment. At this stage, the creditor can choose to hire a lawyer to write the demand letter, make sure that the debtor gets it, and, in some cases, communicate with the debtor in an attempt to settle the case before taking legal action. Example of a demand letter: WITHOUT PREJUDICE Date Address Object: Demand letter Mr. (or Mrs./Ms./Miss as the case may be) On September 2nd of last year your dog bit my arm. I had to be taken to the hospital by ambulance. I suffered a lot and I had to miss three days of work. In total, I suffered $ 2,500 in damages: - Ambulance: $ 100 - 3 days of work missed: $ 600 - Pain, stress, and inconveniences: $1 800 You will be in default if you fail to pay me $ 2,500 in damages, plus interest and the additional indemnity provided by law within the following 10 days. If you do not comply with this demand letter, I intend to take legal action against you personally, without further notice or delay. Do govern yourself accordingly. Signature Address of the creditor Regardless of the nature of the claim, the demand letter must consist of the following three essential elements:
For more information, consult our Infosheet entitled The demand letter in La Loi Vos Droits.
Do you have a “good” case?
The decision to start legal proceedings or to contest them should not be taken lightly. You must be sure to have a good case. In certain instances, the plaintiff (or even the defendant to a certain extent) would be wise to take certain steps to make sure that her lawsuit is legally justified. This would not only allow her to better prepare, but also to avoid the costs and disturbance of an unnecessary lawsuit. The Éducaloi website, particularly the section La loi vos droits, provides a wealth of free, plain-language legal information that the plaintiff or defendant can consult. If you are seeking advice, you can retain the services of a lawyer in order to have your file evaluated. The lawyer can make certain recommendations or give advice. There are also other issues to consider when deciding whether or not to sue or to contest a claim. Time and Cost Legal proceedings require a personal investment of time and money. You must take into consideration the time required to:
In addition, the cost of photocopies, transportation, legal fees, time spent in court, fees for- where applicable- a lawyer, expert or bailiff, must be considered as part of the total costs. Ring these costs up for a total amount and compare it with the sum of money that you are about to fight for. The judge might order your counterpart to pay a portion of these costs but only if they are fair, useful and reasonable and most importantly, if you win the court case. Finally, a lawsuit usually creates an important amount of stress. Are the energy invested and the time spent worth what you hope to achieve by going to court? Ensuring the solvency of the person that you wish to sue When a sum of money is sought, it is important to know whether the debtor has the ability to pay if the judge orders him to do so. The ability of the debtor to pay, which is called his solvency, must be evaluated before taking the decision to sue. Please note, however, that the person who wins his case has 10 years to execute the judgment (please see the section specifically on the execution of judgment to learn more). A plaintiff can thus choose to sue a person who doesn’t have a lot of money in the hopes that, in the coming years, his financial situation will improve. Prescription: don’t wait too long to sue The law says that the plaintiff loses his right to sue if the time limit for doing so imposed by the law has passed. This is called the prescription period. If the prescribed time limit has passed when the plaintiff brings her lawsuit forward, the defendant can ask for the lawsuit to be rejected. For the majority of cases handled by the Small Claims Division, the prescription period is three years. The Civil Code of Québec is the law that deals with the question of prescription. Different prescription periods exist depending on the type of legal problem. It is important for the plaintiff, and also the defendant, to verify which prescription period applies in their case. A lawsuit against a municipality, particularly for material damages resulting from an accident, is a special case. Many municipalities only allow people a very short period (sometimes there is a time limit of 15 days) to advise the municipality or to file their lawsuit after which they may be prevented from doing so. The prescription period stops running when you start a lawsuit before the Small Claims court. Therefore, if the plaintiff files her proceedings within the prescribed time limit, she does not lose her right to sue. Aside from the question of prescription, when a plaintiff intends to take legal action, it is usually best for him to do so as soon as possible. Over time, there is a risk that evidence may be lost. Furthermore, as time progresses, witnesses start to forget facts and documents are more susceptible of being lost or destroyed.
Forms from the Minister of Justice
When a person visits the court clerk to initiate legal proceedings, the clerk will give him a form called Action filed with the Small Claims Division. Once the plaintiff has paid the court fees, as well as completed and filed the application, the clerk sends a copy to the defendant (the person being sued). In addition to these documents, the defendant receives a form called Options available to defendant after notification of action. It is very important to read and fill in these documents carefully regardless of whether you are a plaintiff or a defendant. These documents form the core of all future proceedings, so it is best to start out on the right foot! Documents that are clear, well written, and that consist of all the required elements will create a favorable impression with the party who receives them, as well as with the judge. Please see the example of an application section. Like the demand letter, all legal proceedings are organized around three inseparable elements:
Identification of the parties: suing the right person The parties are identified at the top right corner of the first page of the documents (application or contestation). For the plaintiff, it is essential to properly identify the person or persons being sued. Wrongly identifying the defendant can have irreparable consequences for the claim because the plaintiff may not succeed in obtaining what is sought. This aspect may appear simple when the defendant is a physical person (a human being) known by the plaintiff (for example, a neighbour). However, when the defendant is unknown or is a moral person (particularly a business, company, union, city, association, or non-profit organization) the question can become more difficult. Moral persons are, legally, full-fledged persons. For example, when a company is responsible for a debt, it is not the president or the sales person of the company who should be sued. Rather, the company, in most cases, should be sued directly. In addition, certain persons (moral or physical) conduct business under a company name that is different from their own. It is not always easy to discover which person, physical or moral, is operating under the company name. Suppose you buy something at the store, and at the front of the store there’s a sign with the name “Beautiful Things.” On your receipt the name “Old Junk” is printed. After some research you realize that the two names are used by two different companies identified by the numbers: 12567892 Canada Inc. and 2756 8039 Quebec Inc. Who do you sue? There is no clear answer to this question. The plaintiff must search to find out who is legally responsible for her claim. It is possible to start such research with the enterprise registrar (Registraire des enterprises). This is the provincial governmental body responsible for the enterprise register. All enterprises conducting business in Quebec must be registered there. If you have trouble identifying the person responsible for the dispute, or if you find that all of the people concerned appear to be legally responsible, you might want to sue more than one person. For example, a couch is delivered to you in poor condition. The delivery company claims that the couch was already damaged when they picked it up at the store, while the store owner alleges that it was the delivery company who damaged the couch. You decide to sue both the delivery company and the company that sold you the couch. Remember that under the law the clerk must, if need be, but by request, write your proceedings for you or help you to write them. In addition, it is possible to retain the services of a lawyer to prepare the documents for you. Allegations and evidence: explaining your point of view Grounds for suing or contesting a claim must be stated in the appropriate form in the space identified by:
It is in this space that you must explain your point of view by referring to the evidence. The best idea is to lay out your version of the story in a logical order or chronologically by dividing it up into numbered paragraphs. Essentially, what you are doing is explaining your story by way of assertions, which are called allegations. Respect the rule of one allegation per paragraph. When an allegation is supported by an exhibit, it is important to mention it in your allegations. In the allegations, you must refer to the exhibits (material or documentary evidence, as well as written statements or expert reports) and not to the testimony of various people. It is actually not necessary to specify in the allegations that this person was a witness of this or that event, even if at the hearing, the witnesses are necessary to prove these points. On the other hand, if you want the clerk to summon these people to the hearing, you must write, in the space provided, their names and addresses. Conclusions sought: specifying what you want from the court In this section, identified on the application form by “Conclusions sought,” the plaintiff specifies what he is asking for from the defendant. Do not forget to ask for interest as well as costs. Be careful: the judge cannot grant the plaintiff more than he asks for in his application. If a plaintiff says he wants a sum of $2,000, he cannot, unless that judge allows him to, ask for $2,500 on the day of the hearing. In addition to payment of the amount claimed, the plaintiff may, in certain cases, also ask:
Unless the defendant is making a cross demand against the plaintiff, he does not ask the court for anything except that the plaintiff not receive what he is asking for, i.e. the rejection of the plaintiff’s application. When preparing his evidence, the defendant should think about how to prove this.
Inform the judge about the matter
In all legal proceedings, evidence is a vital element, much like gas is to a car. The purpose of evidence is to familiarize the judge with the important elements of the case, while convincing him that your point of view reflects reality. The judge who is present on the day of the hearing does not know the details of the dispute before him. The story, aside from what he read in the proceedings, is new and unknown. It is therefore fundamental to present all of the elements that would allow the judge to understand your point of view. In addition, the judge can only base his decision on the evidence before him. It is therefore essential to provide him with evidence on each of the elements that supports your case. What you must prove The nature of the dispute will determine what elements need to be proven. For example, in a case where the plaintiff is asking for the repayment of a loan he made to the defendant, the plaintiff must at least prove the existence of that loan. There are certain elements that the parties can explain to the judge themselves by testifying. The rules of evidence are rigorous, however, and in most cases the parties cannot provide evidence on all the elements of the case by their testimony alone. In reality, documents or additional witnesses are often necessary. Photographs, contracts, notarized acts, bills and receipts that are referred to in the allegations must be mentioned in the “list of exhibits filed”. The documents themselves must be placed in the court file along with the duly filled forms. Documents that are not filed with the application or the contestation of the claim must be filed at least 15 days before the hearing date. The burden of proof The judge must evaluate the evidence before him using the rule of the “balance of probabilities” to make his decision after the hearing is over. This means that the judge must decide which person’s version of events seems more likely to have happened. For example, the plaintiff that alleges that the defendant owes him a sum of money must provide evidence of this. If the evidence is insufficient or incomplete, his case can be rejected by the judge. It is even possible for a plaintiff’s claim to be rejected without the defendant having to present any evidence. This can occur when the plaintiff does not have sufficient evidence to convince the judge that his claim is well-founded.
There are many types of evidence such as material evidence, documentary evidence, proof by testimony, and opinion evidence.
Proof by testimony Proof by testimony is a way to prove an allegation through the testimony of a person called a witness. For example: “Claude’s dog bit me on the arm.” Normally, when a person testifies in court, she can explain what she saw, did, or heard. She cannot give her perspective or opinion about the subject on which she is testifying. The expression “witness” includes the plaintiff and the defendant when they are testifying. To prove an allegation by testimony (thus, the testimony of a witness), you only need to bring your witness to court on the day of the hearing. During the hearing, the witness will be called upon to explain to the judge what she knows about the matter. However, when a person puts his version of the facts in writing, we say that he has made a written declaration or statement. This person is called a declarant. Where a case rests almost entirely on the testimony of one person, it is prudent to have that witness write a statement. The appropriate form (Statement in lieu of testimony) can be found at the court office. The statement must be signed and dated by the declarant. The party that had the witness make this statement can refer to it in his allegations and even add it to the court file. In addition, if such a statement exists, the party has the choice to:
In the latter case, the court clerk will advise the other party that he can review the statement and obtain a copy of it. The other party is also allowed to ask the clerk to summon the person who made the statement to have her testify at the hearing. It is possible that the witness did not write everything that she knew about the matter in her statement. If that is the case, one of the parties may be interested in having that witness testify on matters not covered in the statement. However, please note that if the judge decides that the witness has been brought to court unnecessarily and that her written statement was sufficient, the party that demanded that the witness be present may be condemned to pay costs. If a party plans to file a witness’s statement rather than to have her testify, it is important to draw the witness’s attention to the importance of writing down in the statement all of the details that she remembers. Sometimes, witnesses are satisfied with writing only a few lines. The witness should understand that the quality of her statement can make her avoid having to testify in court. Before a party chooses to file the statement, he should ensure that all the important elements of the case, and those that the declarant is personally aware of, are found in the statement. In fact, details that do not appear in the statement cannot be brought to the judge’s attention at the hearing. A party is not allowed to say things to the judge to complete a statement written by a witness. Opinion evidence For this type of evidence (either documentary evidence or proof by testimony), a person called an expert gives her opinion on a fact debated before the judge. Contrary to ordinary testimony, an “expert witness” can give her opinion when testifying. In order to be permitted to give her opinion to the judge, the testimony must be related to an area of expertise. It is not necessary to resort to the services of an expert to prove, for example, that a car runs on gas. On the other hand, the opinion of an expert can become essential to explain the detailed functioning of a car’s transmission and to ascertain the condition of piece of machinery at a certain point in time. In addition, the person must be an expert or specialized in the area of expertise in which he is testifying. Thus, a veterinarian cannot be an expert in automobile mechanics and vice-versa. Material evidence In contrast to proof by testimony, material evidence is an object. It can be useful to use an object as evidence in order to demonstrate, for example, the state of this object or to prove its existence and origin. Material evidence must be submitted by a witness. Here are a few examples of material evidence:
Documentary evidence Documentary evidence is a type of material evidence. It is used to prove an allegation by filing a document. The document can be a contract, a photograph, a report, a flyer, etc. For example, you can prove that you were billed for transport by ambulance by filing the ambulance bill. Please note that a document must almost always be submitted into evidence by a witness. By way of exception, a notarized document may be submitted without the testimony of the notary who prepared it. The witness who submits a document must acknowledge the document, explain its origin, or even acknowledge the signature on it. How you bring a document into evidence depends on your purpose or intent in submitting this evidence. For example, in the case of a person asking for the reimbursement of his ambulance costs as damages, the ambulance bill can be submitted either by the ambulance driver or the person who was billed for the service in order to prove the billing and thus the damage. A person who was not a party to the transaction, or who was not present during the transaction, cannot submit the bill to prove that the transaction took place because she wasn’t there during the transaction! In certain cases, the importance of the document vis-à-vis the question being debated before the court can result in this rule being relaxed or, on the other hand, being strictly applied. For example, take the case where the litigation pertains to injuries suffered during a fight and the question on which the parties cannot agree is: “Who started the fight?” No one is contesting the transportation to the hospital by ambulance or that the damage was caused by this incident. It would therefore not be necessary to make the accountant of the ambulance company, or the banker, testify in order to prove that the ambulance bill was paid. On the other hand, if the question being debated before the court was “whether the ambulance bill had been paid”, it may be necessary to have the accountant testify so that certain accounting documents could be filed. In case of doubt, it would be a good idea to ask the witness to write a statement clarifying, for example, that as the accountant of such and such company, he knows that a bill bearing a certain number was paid by that person, etc. The party could then file this bill into the court file rather than unnecessarily making the witness come to court.
Identification of the parties
Fred Bitttenbydog 1267 Kennel St. Montreal, Quebec H2Z 3E4 Plaintiff Versus Claude Negligent 1234 Problem Street Montreal, Quebec H2Z 3E4 Defendant The allegations 1. On September 2, 2008, during a fitness walk, a dog bit and injured my arm, as appears from the photos of my injuries filed, en liasse, as Exhibit P-1; 2. This dog is the property of my neighbour, Claude Negligent, as appears from the proof of registration of the dog with the municipal authorities, filed as Exhibit P-2. 3. I had to be taken to the hospital in an ambulance; 4. The ambulance cost me $ 100, as appears from the bill issued by the ambulance company, filed as Exhibit P-3; 5. Doctor Kneecap recommended that I take three days off work, as appears from the medical report, filed as Exhibit P-4; 6. As a result, I was absent from work for three days, as appears from my paystub for the week of May 12th, 2008, filed as Exhibit P-5; 7. Due to this absence from work, I lost X dollars of my salary… etc. Conclusions sought GRANT the present motion; CONDEMN the defendant to pay the sum of X dollars with interest and the additional indemnity provided by article 1619 of the Civil Code of Québec*,as of the date on which the demand letter was received, as well as costs; N.B.: *Article 1619 of the Civil Code of Québec allows you to claim supplementary interests. Ask the court clerk for more information about this.
When being sued, the defendant is faced with four main choices: pay the amount claimed in full, try to come to an agreement with the other party (settle amicably), contest the claim, or even ask for mediation.
Pay the entire amount claimed If the defendant chooses to pay the amount claimed in full, it is important that he contact the Small Claims clerk or the plaintiff to find out the real amount due. Costs and interests can be added to the amount or differ from those that are set out in the application. It is best to have these amounts calculated by the court clerk. Once the defendant has accepted to pay the claim, he cannot change his mind. The plaintiff may ask for something other than a sum of money, such as the annulment of a contract. Do not forget to consider these requests. Settle amicably If the defendant decides to try and settle with the plaintiff, both parties will have to negotiate and draft a final agreement that will settle the case. In some complex situations, it may be advantageous to retain the services of a legal advisor for this part of the proceedings. Once an agreement is signed by both parties, it is submitted into the court file (this means that it is handed to the court clerk!). Contest the application (including making a cross demand, if applicable) Before making a decision to contest the application, the defendant must weigh the pros and cons of doing so. Just as the plaintiff did, the defendant must legally identify his point of view and check the existence and quality of the available evidence. To this effect, you can read the section in this toolbox entitled: The decision to sue or to contest. It would also be useful for the defendant to refer, while making the necessary adjustments, to the other sections of this toolbox on this subject. Once all the preparatory steps are completed and the form is filled out, the defendant hands it in to the court clerk along with a list of the exhibits and the exhibits themselves. The clerk advises the plaintiff of the defendant’s intentions and gives the plaintiff a copy of the contestation, to which he attaches a list of the exhibits filed by the defendant. Request mediation The application form, provided by the Ministère de la Justice, has a space in which the plaintiff must indicate whether or not he accepts to submit the dispute to mediation. If the plaintiff accepts meditation, the defendant who is contesting the application will also have to decide whether or not to accept to submit the dispute to mediation. Mediation is only possible if the application is contested and both parties agree to it. Remember that choosing mediation does not stop the 20 day delay for filing a contestation from running out. The defendant still has to file a contestation or a judgment can be made in his absence after the 20 days have passed from the moment he received the application.
Know the file
The hearing needs a lot of preparation. Firstly, it is very important to obtain from the clerk a copy of all the documents that appear in the other party’s list of exhibits. Whether you are the plaintiff or the defendant, it is advantageous to know the other party’s file. With regards to your own file, organize it well and keep it in order. Have all your evidence with you; if need be, you can consult it during the hearing. File the evidence in the court’s file before the hearing Do not forget to file with the clerk, at least 15 days before the hearing, all the exhibits mentioned in your list of exhibits that were not already filed. If the 15 day deadline is not respected, the judge may forbid you from filing that evidence at the hearing. On the other hand, if the other party will not suffer any prejudice or if justice is better served by the filing of that evidence, the judge may still allow you to file it tardively. Prepare your testimony For your testimony, it is a good idea to write down what you intend to say to the judge, in the order that you intend to say it in, just in case you need your memory jogged. It is not recommended, however, to write a 20 page text and read it to the judge! When you testify, go through the allegations made in your application and explain them in detail to the judge. The judge may let you tell the whole story or may ask you questions. Be prepared for both possibilities. Witnesses A few days before the hearing, communicate with your witnesses who have been summoned to court and remind them that they must be present. If one of the parties needs to have a particular witness officially summoned by the court, he must advise the clerk as soon as possible, by filling out the form entitled “List of Witnesses to be Summoned by the Clerk.” Remember that if the judge determines that a witness has been summoned unnecessarily, whoever asked that this witness be summoned will have to pay the costs. If a witness writes a statement or a report on the subject she must testify about, it is a good idea to give her a copy of it so that she can read it and refresh her memory. An inability to be present for the hearing If the day scheduled for the hearing does not suit you, it is possible to ask the court to hold it on another day. This is called applying for a postponement. You must apply in writing to the court clerk as soon as possible after receiving the notice of the hearing. This application will only be accepted for a serious reason (e.g. illness, absence from the country). Attach to your application, the proof you have of the reasons for the absence (e.g. airline tickets, doctor’s note). If your application is accepted by the judge, a new hearing date will be communicated to the parties. If not, the hearing will take place on the original date. Needing an interpreter Some people- plaintiffs, defendants and witnesses- are not able to address the court in either of the two official languages (French and English). In that case, it is possible to use the services of an official interpreter for the hearing. The services of an interpreter are only provided at the judge's request. Otherwise, you must hire and pay an official interpreter yourself. Ask the court clerk if you need more information about this issue. You need particular equipment to present your evidence Some people may have evidence that requires the use of equipment. For example, a party wants to prove an allegation by showing an excerpt of a video to the judge. In that case, you must contact the court clerk to see if he can make arrangements to have the necessary equipment available in the courtroom. If he cannot, you will have to bring in the equipment that you need on your own. Voluminous evidence In certain cases, voluminous evidence (a large quantity) may be necessary. For example, a party wants to prove a claim by filing the financial statements of a company which are 300 pages long. It is important to show the judge exactly which section of the document is useful to the litigation. The judge cannot read the entire document in order to find the ONE sentence that supports your case.
The hearing is the moment where the parties present their evidence to the judge. The judge looks at the exhibits that have been submitted. He also listens to the testimony of the parties and their witnesses, if there are any.
Before the hearing Be on time for the hearing; if you are late, the hearing can take place without you. Allow yourself time to find the courtroom and to meet your witnesses. Make sure that they have reread their statements before testifying. Do not try to influence a witness. This could be revealed to the judge and diminish both the witness’s credibility and your own. Panic and nervousness are your worst enemies. The best way to keep it together is to stay calm. Again, good preparation can help you overcome stress-related problems. Dress plainly and neatly. During the hearing Once the hearing has started, the judge takes control. It is the judge who asks questions and gives the parties the chance to speak. Let the judge guide the process. If an important point has not been raised or explored by the judge, ask him politely for permission to address the court. You can address the judge by calling him “Mr. Justice”, or her, “Madam Justice”. During the entire hearing, keep calm and speak in a composed manner. Listen closely to the judge’s questions and directly respond to them. If you do not understand a question, tell the judge.
The execution is the procedural step in which the person who was condemned by the judge has to comply with the judgment. The person who is ordered or condemned to do something is generally the defendant, but it can also be the defendant by cross demand (i.e. the plaintiff) or even the person sued in warranty.
Unless the judge orders otherwise, the judgment can be executed 30 days after the date it was rendered. If the hearing took place in the absence of the defendant, this delay is 10 days. Like the right to sue itself, the execution of the judgment is subject to a prescription period. After a period of 10 years from the date of judgment, the plaintiff can no longer proceed with the various possible seizures against the debtor because his recourse will be prescribed. At the execution stage, it is possible to retain the services of a lawyer, a bailiff or get help from the court clerk. Compulsory execution Even if some people pay immediately after the judgment, there should be no illusion: one must often take additional measures to receive payment from the debtor. This is what’s called compulsory execution of a judgment. These procedures are aimed at identifying, seizing and, if necessary, selling the goods of the other party, which we call “the debtor”. The party that proceeds with the seizure is called “the creditor”. Be aware of the debtor’s financial situation To be able to execute the judgment, you must know if the debtor owns the goods you want to seize. This can require in-depth research because the information is generally confidential. Neither the bailiff nor the clerk can do this research instead of the creditor. Even if it is easy to say that the debtor drives a green car every morning, proving that he is the owner of that car can be much more complicated. It can be even more difficult for the creditor to discover, for example, the bank account numbers or the whereabouts and the amount of the debtor’s investments. It is essential to know what the debtor owns before undertaking execution procedures. Questioning the debtor The law permits the creditor to question the debtor in private on the subject of his financial situation. The debtor is summoned to the courthouse by way of a summons form available with the Small Claims clerk. At the time of the examination, the debtor can be questioned on his furniture, cars, savings or buildings he owns, amongst other things. This examination allows the creditor to also find out what the debtor’s sources of income are. For example, the creditor will try to find out the debtor’s bank account numbers. He can try to obtain a copy of the vehicle registration. The information obtained is essential so that the bailiff can afterwards conduct the seizures. In practice, however, these procedures are very rarely used for small claims. Hiring a “private investigator “or a credit agency It is also possible to retain the services of a private investigator who specializes in investigations of this type. With their connections and expertise, private investigators are able, for a fee, to trace a person and paint a reliable picture of his financial situation. The quality of the investigation generally depends on the quantity and quality of the information you provide to the investigator about the person against whom you want the seizure conducted. The investigator must at least know the name, address, and date of birth of the individual in order to start his research. A driver’s license number, a social insurance number, or even the person’s work address would allow the investigator to obtain the maximum amount of information about him. The information obtained by the investigator’s research allows the bailiff to effectively conduct the seizure. Seizures In order to proceed with a seizure, the creditor must obtain the necessary documents from the court clerk and either fill them out himself or with the clerk’s help. The creditor then usually consults a bailiff. The bailiff ensures that the debtor receives the execution documents advising him of the seizure. Under the law, the creditor can also send these documents to the debtor by registered mail. However, only the bailiff can actually seize and sell the seized goods. Get informed: the rules of execution are many and complex. The law does not allow you to take away all of the property of the debtor. Every person has the right to the minimum necessities to be able to live and work (like a bed, clothing, or tools). Remember that the debtor also has recourses if these rules are not followed. To execute a judgment, the creditor must normally pay the costs. Among these costs are those related to the execution proceedings, the execution itself, and the fees of a lawyer, private investigator, and bailiff. Some of these costs can be taken directly from the money obtained from the sale of the seized objects. It is important to find out exactly what amounts are recoverable. For more information, please consult the Infosheet entitled “Execution of the judgment” in the Small Claims Court section under “Step-by-step guide to procedure”.
This section contains a diverse array of resources that can help you be better prepared for an action in Small Claims court:
In Éducaloi’s “La loi vos droits” section you will find plain language legal information on a variety of topics. The website of the ministère de la Justice de Québec is an important source of legal information. Small Claims court forms are partially available on line. This link allows you to identify the different judicial districts in Quebec. A guide for citizens who plan to appear in Small Claims court, prepared by the ministère de la Justice de Québec. On Publications du Québec you will find the text of all the laws in Quebec. The Code of Civil Procedure (For Small Claims court see articles 953 and following). Civil Code of Québec (civil liability, contracts, prescription, etc). Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice Tariff of legal costs applicable to the recovery of small claims Registraire des enterprises du Québec (to trace a business) The Young Bar Association of Montreal offers a service whereby parties appearing before the Court of Quebec, Small Claims Division can meet with a lawyer for a free legal consultation. The aim of the consultation is to help the parties prepare for the hearing. Recent judgments of the Small Claims Division are available on line. Option consommateurs is a not-for-profit association dedicated to the defence and promotion of the interests of consumers.
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